119-s1682

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1682 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1682

 To direct the Consumer Product Safety Commission to promulgate a 
 consumer product safety standard for certain gates, and for other 
 purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 May 8, 2025

 Mr. Curtis (for himself and Ms. Klobuchar) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
 Science, and Transportation

_______________________________________________________________________

 A BILL

 To direct the Consumer Product Safety Commission to promulgate a 
 consumer product safety standard for certain gates, and for other 
 purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Alex Gate Safety Act of 2025''.

SEC. 2. CONSUMER PRODUCT SAFETY STANDARD FOR COVERED GATES.

    (a) Standard Required.--

    (1) In general.--Not later than 1 year after the date of 
 the enactment of this Act, the Commission shall promulgate, in 
 accordance with 

section 553 of title 5, United States Code, a 
 final consumer product safety standard for covered gates that 
 includes the requirements described in paragraph

    (2) .

    (2) Requirements described.--The requirements described in 
 this paragraph for a covered gate are the following:
        (A) The covered gate meets the safety-related 
 standards of ASTM F900-25, ASTM F1184-23e1, or ASTM 
 F2200-24, as applicable to the relevant category of 
 covered gate as of January 1, 2025, or any successor 
 standard.
        (B) If the covered gate has an operator or similar 
 system, the gate meets the safety-related standards of 
 ANSI/CAN/UL 325 as of January 1, 2025, or any successor 
 standard.

    (b) CPSC Determination of Scope.--In promulgating a consumer 
product safety standard under subsection

    (a) , the Commission shall 
determine the types of covered gates that are subject to the standard 
and ensure that such covered gates are within the jurisdiction of the 
Commission.
            (c) Revision of Voluntary Standards.--

    (1) Notice to the commission.--If an organization revises a 
 voluntary standard that has been adopted, in whole or in part, 
 as a consumer product safety standard under this section, the 
 organization shall notify the Commission of the revision.

    (2) Treatment of revision.--The revised voluntary standard 
 shall be considered to be adopted by the Commission, effective 
 on the date that is 180 days after the date on which the 
 organization notifies the Commission of the revision (or such 
 later date specified by the Commission in the Federal Register) 
 unless, not later than 90 days after the date on which the 
 organization notifies the Commission of the revision, the 
 Commission notifies the organization that the Commission has 
 determined that the revision does not improve the safety of the 
 covered gates to which the standard applies and that the 
 Commission is retaining the existing consumer product safety 
 standard. Not later than 90 days before the date on which a 
 revised voluntary standard is considered to be adopted by the 
 Commission under this subsection, the Commission shall publish 
 in the Federal Register notice that such revised voluntary 
 standard will be considered to be so adopted on such date.
            (d) Future Rulemaking.--At any time after the promulgation of a 
consumer product safety standard under subsection

    (a) , the Commission 
may initiate a rulemaking, in accordance with 

section 553 of title 5, 
United States Code, to modify such standard, if the Commission 
determines that a modification would further reduce the risk of injury 
associated with covered gates.

    (e) Treatment of Standards.--Any consumer product safety standard 
promulgated under subsection

    (a) (including any modification of such 
standard under subsection
            (c) ) or revised voluntary standard considered 
to be adopted by the Commission under subsection
            (c) shall be treated 
as a consumer product safety rule promulgated under 

section 9 of the 
Consumer Product Safety Act (15 U.S.C. 2058).

SEC. 3. EDUCATION AND AWARENESS CAMPAIGN.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Commission shall undertake a national 
campaign to promote awareness and educate the public about the dangers 
associated with covered gates, including the dangers of detached or 
falling covered gates, and methods (including low-cost methods) to 
prevent covered gates from causing death or injury, including safety 
standards relating to covered gates and best practices for design, 
installation, inspection, maintenance, and improvement of covered 
gates.

    (b) Requirements.--In carrying out the campaign required by 
subsection

    (a) , the Commission shall employ, at a minimum, the 
following:

    (1) Educational materials designed for covered gate 
 manufacturers, contractors, retailers, and service companies.

    (2) Educational materials designed for consumers, owners, 
 and operators of covered gates.

    (3) Educational materials designed for building officials 
 and local educational agencies to support the updating and 
 enforcement of building codes for new and existing buildings 
 with respect to the safety of covered gates.
            (c) Report to Congress.--Not later than 3 years after the date of 
the enactment of this Act, the Commission shall submit to Congress a 
report that contains a summary of actions taken by the Commission in 
the campaign required by subsection

    (a) .

SEC. 4. DEFINITIONS.

 In this Act:

    (1) Building official.--The term ``building official'' 
 means any State, Tribal, territorial, or local official who is 
 responsible for proposing modifications to building codes, 
 participating in adopting building codes, interpreting building 
 code requirements, overseeing building code enforcement 
 activities, or otherwise administering building codes.

    (2) Commission.--The term ``Commission'' means the Consumer 
 Product Safety Commission.

    (3) Covered gate.--The term ``covered gate'' means--
        (A) an automatic vehicular gate;
        (B) a manual vehicular gate; and
            (C) any other gate that is more than 48 inches wide 
 or 84 inches or greater in height.

    (4) Local educational agency.--The term ``local educational 
 agency'' has the meaning given such term in 

section 8101 of the 
 Elementary and Secondary Education Act of 1965 (20 U.S.C. 
 7801).

    (5) Manufacturer.--The term ``manufacturer'' has the 
 meaning given such term in 

section 3

    (a) of the Consumer Product 
 Safety Act (15 U.S.C. 2052

    (a) ).

    (6) Positive stops.--The term ``positive stops'' means an 
 immovable component that, by the placement of the component, 
 physically impedes the motion of a covered gate.

    (7) State.--The term ``State'' has the meaning given such 
 term in 

section 3

    (a) of the Consumer Product Safety Act (15 
 U.S.C. 2052

    (a) ).
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